Are Online Waivers Legal in British Columbia?

For BC ski hills, zipline and tour operators, climbing gyms, bike parks, camps and rental shops, a signed agreement does several jobs: it can release claims by adult participants, it's how an occupier gives notice under the Occupiers Liability Act, and it records the risks, rules and medical details for every guest. This guide covers e-signatures, how BC courts treat waivers, and what changes when the participant is under 19.

This guide is general information about British Columbia law, with links to the statutes and cases, so you and your lawyer can look into anything that applies to your business.

Waiver Law in British Columbia at a Glance

Are Electronic Signatures Legal in British Columbia?

Yes. BC's Electronic Transactions Act says a record must not be denied legal effect or enforceability solely because it is in electronic form (s. 3), and that a legal requirement for a person's signature is satisfied by an electronic signature (s. 11). It also confirms that a contract can be formed by touching or clicking an icon on a screen (s. 15). The Act doesn't force anyone to use electronic records without consent (s. 4), so keep a kiosk or paper option for guests who prefer it.

Are Liability Waivers Enforceable in British Columbia?

Generally, yes, for adults. The framework comes from the Supreme Court of Canada's decision in Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4. A court asks three questions: does the clause, properly read, cover what happened; was it unconscionable when the contract was made; and if it is valid, is there an overriding public policy reason not to enforce it?

The BC Court of Appeal applied that framework in Loychuk v. Cougar Mountain Adventures Ltd., 2012 BCCA 122. Two women were hurt on a zipline tour near Whistler when a guide sent one of them down the line before the other had cleared it. The operator's negligence was not in dispute, but the court upheld the signed releases. It said it is not unconscionable for the operator of a recreational-sports facility to require participants to sign a release barring all negligence claims, because a person who doesn't want to take part on that basis is free not to. It added that even if BC's Business Practices and Consumer Protection Act applied, its unconscionability test is essentially the same.

Two other BC decisions show where the line sits:

• Signed waivers. In Karroll v. Silver Star Mountain Resorts Ltd. (1988), 33 B.C.L.R. (2d) 160 (S.C.), the court explained that a person who signs is generally bound even without reading the document; the business has to point out the clause only in special circumstances, such as an unexpected term, a long or confusing format, or little time to read.
• Unsigned notices. In Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78, the resort relied on a snowboarder's lift ticket and posted signs rather than a signed waiver. The Court of Appeal sent the case back because the exclusion, including its "own negligence" wording, was found to be inconspicuous, and only notice he could have seen at or before buying the ticket counted. The court contrasted signed contracts: requiring customers to take the document in hand and sign it goes "a long way" toward meeting the Occupiers Liability Act's reasonable-steps requirement.

Gross Negligence and Intentional Harm

Canadian courts have not drawn a bright line at "gross negligence" the way many US states do. Instead, the third Tercon question lets a court refuse to enforce a valid waiver for an overriding public policy reason. In Loychuk, the court described the kind of conduct that has met that bar: a business that knew it was putting the public in danger with a substandard product or service, or was reckless about it. The guides' negligent miscommunication in that case did not reach that level.

More Than a Release

A signed agreement does other work in BC beyond the release itself:

• It's how an occupier gives notice. The Occupiers Liability Act lets an occupier restrict or exclude its duty by express agreement or notice if it takes reasonable steps to bring that to the person's attention (s. 4). Apps treated a signed document as going a long way toward that.
• It records the risks the guest accepted. An occupier has no duty for risks willingly assumed, other than not creating a danger with intent to harm or acting with reckless disregard (s. 3(3)). A signed description of your activity's risks is evidence of what the guest was told; how much it matters depends on the facts.
• It bears on shared fault. Under the Negligence Act, liability is divided in proportion to each person's fault (s. 1). A guest's agreement to your rules and staff instructions is part of that picture if they were broken.
• It collects what you need. Health conditions, emergency contacts, consent to first aid, and photo consent, before anyone takes part.

Waivers for Minors in British Columbia

For families, the parent's form is where a parent or guardian approves the child's participation, agrees to your rules, and gives you medical information and emergency contacts. Wong also left open whether a defence based on the child or parent voluntarily assuming the risk might apply, and a signed record of the risks explained is relevant to that.

The release itself is limited. The age of majority in BC is 19 (Age of Majority Act), and under the Infants Act, s. 19, a contract made by someone under 19 is generally unenforceable against them. In Wong v. Lok's Martial Arts Centre Inc., 2009 BCSC 1385, a boy was hurt sparring at a martial arts school after his mother signed a broad release that expressly covered negligence. The court found the wording covered the claim, but held that the Infants Act "does not permit a parent or guardian to bind an infant to an agreement waiving the infant's right to bring an action in damages in tort." The Act also voids an agreement to indemnify someone in connection with a contract made for an infant unless the Public Guardian and Trustee or the court approves it (s. 40(3)). Wong is a trial-level decision; we found no BC Court of Appeal ruling on the point.

Points to Raise With Your Lawyer

WaiverFile doesn't draft waivers, and the wording of your agreement is a job for you and your lawyer. Based on the cases above, these are points worth raising when preparing a BC agreement:

• The title and opening warning. The release upheld in Loychuk was one page headed "Release of Liability, Waiver of Claims and Assumption of Risks Agreement," with a warning that signing waives legal rights.
• Whether the release names the business's own negligence and the Occupiers Liability Act, as the Loychuk release did. Apps called an own-negligence clause one of the most onerous terms, needing the most explicit notice.
• When the guest sees the terms. Apps counted only what the customer could see at or before buying the ticket.
• How the form handles participants under 19, given Wong.

How WaiverFile Helps British Columbia Businesses

Once your agreement is written, WaiverFile makes it easy for every guest to sign it and keeps a complete, easy-to-find record of each one:

• Your agreement, laid out your way. Add the agreement text you and your lawyer prepared, and use the editor's formatting options (bold, capitals, font size) to lay it out the way it was written.
• A checkbox or initials where you want them. Add initial boxes inside the agreement text and required checkboxes for the rules, risks and clauses you choose, so each one has its own acknowledgment.
• Signing before purchase or arrival. Guests sign from their own phone or computer by email, text, QR code or your website. Waivers are built into online booking, so guests sign as part of booking and you see each guest's status at check-in.
• A record of what was signed. Each signed form stores the signature, the answers, and the date and time, plus the IP address and device for online signing. Add a photo of each signer or their ID if you like.
• Medical questions. Required questions capture health conditions and emergency contacts. HIPAA features add extra protection for health information. (HIPAA is a US law. In BC, private businesses' handling of personal information falls under BC's Personal Information Protection Act, or the federal PIPEDA when information crosses provincial or national borders.)
• Families on one form. A parent adds each child by name and date of birth, and minors are flagged at check-in, so staff know who is under 19.
• Sign anywhere, find anything. Use a tablet kiosk on site, even offline in the Venue app. Search any waiver in seconds, or download them in bulk as a ZIP file for any date range.

Start with one of our free waiver templates, review it with your lawyer, and set up a free account to start collecting signatures.

Sources and Further Reading

• Electronic Transactions Act, SBC 2001, c. 10
• Occupiers Liability Act, RSBC 1996, c. 337 (ss. 3-4)
• Negligence Act, RSBC 1996, c. 333 (s. 1)
• Infants Act, RSBC 1996, c. 223 (ss. 19, 40)
• Age of Majority Act, RSBC 1996, c. 7
• Loychuk v. Cougar Mountain Adventures Ltd., 2012 BCCA 122 (also discusses Tercon and Dyck v. Manitoba Snowmobile Association)
• Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78 (discusses Karroll v. Silver Star Mountain Resorts Ltd. (1988), 33 B.C.L.R. (2d) 160)
• Wong v. Lok's Martial Arts Centre Inc., 2009 BCSC 1385
• Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4 (Supreme Court of Canada case page)
• Office of the Privacy Commissioner of Canada: Summary of privacy laws in Canada

Published November 4, 2026